People v. Schaap

654 N.E.2d 1084, 211 Ill. Dec. 274, 274 Ill. App. 3d 497, 1995 Ill. App. LEXIS 646
CourtAppellate Court of Illinois
DecidedAugust 24, 1995
Docket2-94-1284
StatusPublished
Cited by24 cases

This text of 654 N.E.2d 1084 (People v. Schaap) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Schaap, 654 N.E.2d 1084, 211 Ill. Dec. 274, 274 Ill. App. 3d 497, 1995 Ill. App. LEXIS 646 (Ill. Ct. App. 1995).

Opinion

JUSTICE HUTCHINSON

delivered the opinion of the court:

Respondent, Karen Schaap, appeals the order of the circuit court of Kane County finding her to be a person in need of involuntary psychotropic medication. She contends that the State failed to prove its case by clear and convincing evidence, that the court lacked subject matter jurisdiction, and that she was denied the effective assistance of counsel. We affirm.

Respondent, a recipient of mental health care at the Elgin Mental Health Center (EMHC), ceased taking her prescribed medication in July 1993. On October 3, 1994, Dr. Carole Rosanova, a psychiatrist at EMHC, petitioned the circuit court to find respondent to be a person in need of involuntary psychotropic medication, pursuant to section 2 — 107.1 of the Illinois Mental Health and Developmental Disabilities Code (the Code)(405 ILCS 5/2 — 107.1 (West 1992)). Following a bench trial on October 21, 1994, respondent was found to be a person in need of involuntary psychotropic medication.

At the hearing in this matter the court heard testimony from Dr. Rosanova and from respondent. The parties stipulated to Dr. Rosanova’s credentials. She then testified that (1) she had interviewed respondent several times; (2) she had attended respondent’s monthly staifings; (3) she had reviewed respondent’s complete treatment history; and (4) this is the type of information upon which she would usually rely in formulating a diagnosis. She diagnosed respondent as having chronic paranoid schizophrenia, a mental illness.

Dr. Rosanova also testified that since respondent discontinued her medication: (1) she exhibited deterioration in her ability to function, showing suffering, threatening, or disruptive behavior; (2) respondent reverted to expressing persecutory feelings about other people and became progressively agitated; (3) respondent’s speech became pressured and she spoke of bizarre past events and caused other mental health care recipients to do bizarre things, such as drink urine; and (4) respondent began focusing obsessively on other people. Dr. Rosanova observed that respondent’s disability existed for a period of time marked by the continuing presence of this deterioration and that these aspects of deterioration related to the termination of respondent’s medication.

Dr. Rosanova testified about respondent’s medication. The benefits of respondent’s prior medication included (1) stabilization of mood; (2) a decrease in aggression; (3) a decrease in delusional, persecutory thinking and obsessing; (4) improved grooming; and (5) improved socialization. The main side effect of the prior medication was remittent "tardive dyskinesia” (a neurological disorder characterized by involuntary, uncontrollable muscle movements (In re C.E. (1994), 161 Ill. 2d 200, 214)). The new medication would cause fewer side effects. She concluded that the benefits of the new medication outweighed the harm caused by it.

Dr. Rosanova concluded that respondent lacks the capacity to make a reasoned decision about her medication, because she lacks insight into her mental illness and has exceedingly poor judgment. For example, her current preoccupation with food has led her to buy extra vegetables from other mental health care recipients and eat as many as 14 servings at once, so that the staff feared that she would choke. Dr. Rosanova also concluded that less restrictive treatment had been unsuccessful since respondent discontinued her medication. She saw a counselor twice weekly, but without medication she was not amenable to psychotherapy. Finally, Dr. Rosanova testified that she is licensed to administer psychotropic medication in Illinois and that she desired a court order authorizing involuntary administration of psychotropic medication for at least 90 days.

During cross-examination, Dr. Rosanova testified that respondent had not done well in support groups or in school since she ceased medication. She elaborated on the deterioration of respondent’s appearance and explained that "focusing,” a term she used during direct testimony, refers to an intentional preoccupation with another person; in respondent’s case, another mental health care recipient whom respondent believes receives better care than she receives. Dr. Rosanova gave examples of people upon whom respondent had recently focused.

Respondent testified next. She indicated that she presently attends one support group, although she is scheduled for others. She attends a typing class but was dismissed from a horticulture class as a result of a problem with another student regarding nasal discharge. She asserted that the prior medication had caused these side effects: dry mouth, diarrhea, constipation, headaches, and vomiting. Since she ceased taking the medication, she still gets light-headed sometimes, but generally she feels better.

Respondent defended her behavior and personal appearance and attempted to explain events about which the doctor had testified. Respondent testified that she only got into fights when she was medicated and never got into fights once she ceased medication. However, she testified that she had always fought with another mental health care recipient, one who had resided in her cottage for about six months (respondent ceased medication more than a year prior to the hearing).

Respondent denied that she focused on specific individuals anymore, asserting that focusing had been a childhood problem. Much of her testimony, however, centered on two particular mental health care recipients. Respondent testified that Dr. Rosanova favored other mental health care recipients over her, increasing her medication and not increasing the medication of others. During cross-examination, respondent further explained her relationships with the mental health care recipients she spoke of during her direct testimony.

At the close of testimony, the parties waived argument. The trial court enumerated the statutory elements necessary to support an order of involuntary psychotropic medication and found that the State had met its burden of proof on each point. The court then entered a preprinted order authorizing involuntary administration of psychotropic medication (including necessary lab work and medical examinations) to respondent by such staff of the Illinois Department of Mental Health and Developmental Disabilities as have licenses to do so. Respondent appeals.

On appeal, the State has moved to strike portions of respondent’s brief which rely upon medical texts as secondary authority. We ordered the motion to be taken with the case. A court of review must determine the issues before it based upon the evidence presented to the trial court. (People v. Reimolds (1982), 92 Ill. 2d 101, 106-07.) However, a reviewing court is entitled to rely on secondary authority where there is no controlling primary authority. (See SK Handtool Corp. v. Dresser Industries, Inc. (1993), 246 Ill. App. 3d 979, 986.) Furthermore, the three works cited by respondent, Physician’s Desk Reference (48th ed. 1994), Schatzberg & Cole, Manual of Clinical Pharmacology (1986), and Diagnostic & Statistical Manual (4th ed. 1994), are trustworthy scholarly authorities that may properly be considered in interpreting evidence. (See People v. Wilhoite (1991), 228 Ill. App. 3d 12, 23; Alton v. Kitt (1982), 103 Ill. App. 3d 387, 398.) We therefore deny the State’s motion to strike.

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Cite This Page — Counsel Stack

Bluebook (online)
654 N.E.2d 1084, 211 Ill. Dec. 274, 274 Ill. App. 3d 497, 1995 Ill. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schaap-illappct-1995.